The LAWYER and BANKER and BENCH AND BAR REVIEW Pnblished by ~e BENCH and BAH. H.EVIEW CO. (Inc.) CHARLES E. GEORGE Editor. • ')L. III. OCTOBER I, 1910. No.5 EDITORIAL It has not been luck or environment which has spelled ~-..:ccess for the Lawyer and Banker. From its birth it has been ~~cadily going ahead, and today it has probably a larger for- ~:"'n circulation than some of its Eastern contemporaries :"'_\-e locally. It circulates in each state of the Union and __ :aska-more, it -goes to ten Continental states-covering :~j)m England to the Orient. vVe have built from the German _-oenig-"-the man who can. ,Ve have been, and are now =-~ecting a foundation that will exist for years to come. =-awyers read this Magazine because it is aggressive, high in ~~eals, and moreover, it dares. It is because of this daring that :~ :lttracts attention. It deals in live issues and not in a dead decayed historical '_ efficiency, which likely is bolstered up because of hereditary :lOblesse. It handles legal conditions in a novel-may be in .2 strange and startling way; those which are calculated to 'Yin battles against wrong. It contains ideas which are not -i the verdegris frappe variety. 'With the patent medicine :-eform of the earthly reformer we have no sympathy. vVe ~_ave tested our capability, and know what we can accomplish. \- e believe there is a vast difference between the conceit 0 1 ~ le vain member of the bar or bench, and the honest self con- Note-To insure regularity of service, subscribers are urged to notify :11e publishers of any change of address. Subsctibers who do not desire to renew their subscriptions are requested :0 give notice to this effect as otherwise the magazine will be continued lemporarily until their wishes can be ascertained. Terms of subscription are $2.00 a year; $1.25 for six months, payable on advance. EARL ROGERS. ESQ. Noted Criminal Lawyer of California EARL ROGERS, Esq. A NOTED CRIMINAL DEFENSE LAWYER By W. H. ANDERSON. ESQ., of the California Bar. Some years ago-not so many either-a prominent member of the Los Angeles bar, well-known for his excellent judgment and painstaking thoroughness. was acting as one of a committee whose duty it was to ex- amine those who sought admission to practice in the courts of the State. Among the many who applied to him for examination was a slim, alert- looking young law-student, scarcely more than a boy, whose appearance and manner and keen intellect aroused the interest of the examiner and to whom as a consequence the most searching and comprehensive ques- tions were put. He received- his certificate and later was admitted to his chosen profession. After he left the office, the lawyer who examin- ed him stated to his associates and has said repeatedly since that this young student was the best equipped mentally for the practice of the law of any who had appeared before him; and prophesied for him a brilliant career as a lawyer. This prophecy has been fulfilled long since; and the bar of the west has no man who stands more firmly or rightly in the very forefront of its ranks than Earl Rogers, of Los Angeles. Although still within the age where most men of his calling feel that their real careers are only commencing, Mr. Rogers' professional life has been so brilliant. varied. and comprehensive that in speaking of it. it is difficult to know where to begin. His earlier reputation was won in defending persons accused of crime. and in this branch of the law he soon found himself without a peer. To a mind mentaly analytical and profoundly logical, he brought an intui- tive knowledge of human motives and human actions that was little short of marvelous. In that most difficult of all the arts. the great art of cross-examination. where wit clashes with wit, and brain beats against brain, he quickly became so expert that he could drag the truth from the darkest caverns of duplicity and unmask and put to shame the most adroit and skilful perjurer. He is equally felicitous in eliciting all that is to be gotten from his own witnesses. yet only what is pertinent and EARL ROGERS. ESQ. 359 useful. But nowhere is his genius more apparent than in the selection and handling of his juries. We use the word "his" advisedly. for from the moment of his courteous searching examinat;on of a juryman when he enters the jury-box until the verdict. that juryman is almost invariably the admiring friend and advocate of this gentlemanly forceful and con- vincing attorney. The truth of aJi of this appears from the record of Mr. Rogers' achiev- ments in this branch of the practice. Aside from innumerable lesser triumphs where the verdict of "Not Guilty" gained by him has brought comfort and great joy to the hearts of hundreds. he has defended no less than fifty-seven persons charged with murder. out of which only two con- victions were secured. and those for manslaughter only. Of these two, the longest sentence imposed was seven years. This is not only a record. It is undoubtedly the record. One of his noted cases of which he is most justly proud was that of Tom Hayes-lovable Tom Hayes-of Riverside-good friend and all-around good fellow. who, through the very qualities that made friends for him in all walks of life. fell into financial difficulties and was prose- cuted for the alleged misuse of National Bank funds by that most formid- able nemesis of law breakers. the Federal Government. For months the Federal authorities worked upon this case, preparing it in its every detail with that thoroughness which is characteristic of them. and aided by certain men connected with the Bank. who apparently had urgent private reasons for wishing a conviction. The result of this work appeared in the trial when, link by link. an apparently impregnable chain of guilt was forged around the defendant. Associated with Mr. Rogers for the defense were other leading mem- bers of the Los Angles Bar. themselves among the most brilliant and em- inent in the State. To him. however. and to his specialized skill was entrusted the delicate and seemingly impossible task of breaking down the Government's witnesses upon cross-examination. This he did with an· adroitness so subtle that the prosecuting authorities did not realize how he had found the weak places in their chain until upon the argument. with irresistible force and logic. link by link was broken. the manacles were riven. and Tom Hayes walked from the court room a free man. Into this case. culminating in a splendid victory. Earl Rogers threw the full force of his remarkable personality. urged on not alone by his pride in doing all things well. but also by the deepest promptings of an abiding friendship for the man whose freedom he secured. Another series of cases in which Mr. Rogers achieved marked distinc- tion were the famous graft prosecutions in San Francisco. There. al- though Col. Patrick Calhoun President of the United Railways and one 360 EARL ROGERS, ESQ. of the defendants, had surrounded himself and his associates with a for- midable array of San Francisco's most eminent counsel, it was to Los Angeles and to Mr. Rogers that he t\1rned for the handling of some of the most delicate and difficult portions of the long trials. Here again Mr. Rogers sustained his reputation and justified the wisdom of Col. Calhoun's selection; and his brilliant work in helping to select the juries and in cross-examining the most dangerous and wiley of the State's wit~ nesses contributed its full share to the complete undoing of the prosecu~ lion. Nowhere in the annals of the courts is there a more brilliant example of successful, crushing, annihilating cross-examination than that to which he subjected the ex-supervisors who, under promises of immunity for their admitted crimes, testified against the defendants. This is particularly true of the several cross~examinations of Ex-Supervisor Gallagher, who enjoyed the ',bad eminence" of the prosecution's witnesses in chief. Cool, careful and courageous, undaunted and unswerved by the objec~ lions, the threats, and the fulminations of Mr. Francis]. Heney, Mr. Rogers, with a rapier thrust here, a body blow there, subtly, adroitly and when necessary forcefully shattered the carefully constructed cases of the State to pieces until, without the necessity of putting on a single witness for the defense, they crumbled about the devoted heads of their builders. Case after case involving victory after victory for Mr. Rogers might be enumerated, and by no means all of them from the annals of the criminal courts; for, not content with accomplishing all that could be ac~ complished in the way of success and reputation in that particular field, Mr. Rogers has with equal ability and success branched out into the civil practice. In fact, he prefers that practice with its wider oppor~ tunities and less heart-wearying strains. The noted libel suit brought by Judge B. N. Smith, for many years one of the most respected and beloved Judges on the Superior bench of Los Angeles County, against the now defunct Evening News, is still fresh in the memory of many of us. There Mr. Rogers and his as~ sociates, after a hard fought battle against some of the best talent in Los Angeles, secured a complete vindication for Judge Smith of most vicious charges made against him, and also what at that time was a record verdict for damages in that class of casesf--$l 7,500. In the civil courts as in the criminal, the varied talents and unusual versatility of Mr. Rogers have brought him success after success. He is equally as felicitous in presenting the most complicated questions of law to a judge on the bench as in arguing the facts developed by the evidence to the court or to the jury. His characteristics are thorough EARL ROGERS, ESQ. 361 preparation, a complete knowledge of his own side of the case and a pre- paredness for anything that !lis opponent may bring forth. eternal vigil- ance and continued alertness throughout the trial, an ability to penetrate the inner workings of the minds of others that is almost uncanny. an unfailing courtesy where courtesy is due, unflinching courage where courage is necessary. earnestness, zealousness. judgment, shrewdness. the ability to bring truth out of falsehood, and that quality known as per- sonality. so impossible to define. which carries conviction with it and sweeps everything before it. The esteem and confidence in which Mr. Rogers is held by the busi- ness men of the community in which he lives is weI! illustrated by his most recent employment of importance. He is now engaged. at the ex- pense of a Citizens Committee. representing the great industry of iron manufacturers of Los Angeles. in combating the demands made by the Labor Unions to unionize that city. These efforts have centered upon the great labor-employing manufacturers of steel and iron. who represent many millions of invested capital, and constitute one of the most active and important industries in our midst. In this employment Mr. Rogers not only represents these great interests in the civil cases necessary to en- join interference by the Union with the respective businesses involved. but he also is engaged in the daily and even nightly prosecution of those elements among the Union men who resort to violence. picketing and other illegal interferences with the conduct of the various businesses against which they are allied. His success up-to-date in these matters has been uniform; and while neither he nor any right thinking person opposes the legitimate ends and aims of organized labor. he is proving himself a most energetic and efficient bulwark between the business in- terests of his community and those who. under the guise of organized labor,-let us hope falsely-violate the laws of both God and man. Finally. in his private as well as in his professional life. Mr. Rogers is an accomplished and co~rteous gentleman. a good citizen and one of whom any community might well be proud.